自他識別力

EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 6

The objective of Article 7(1)(e) EUTMR is to prevent the exclusive and permanent rights that a trade mark confers from s...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 5

Cultural heritage is morally violated by trade mark registration if the public would find the registration offensive in ...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 3

In particular, information included in dictionaries has been considered as being in the nature of well-known facts becau...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 2

– Period for which the author has been known: if the author has been known for a long period of time, even if they are d...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 1

The non-exhaustive and non-cumulative criteria that have been identified are the following:– Fame and recognition of the...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 3

According to case-law, the weakly / non-distinctive character of an element that is common to two signs reduces the rela...
USPTO

BOWENS for Guitars is Primarily Merely a Surname

Section 2(e)(4) of the Trademark Act precludes registration of a proposed mark on the Principal Register that is “primar...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 3

Under the doctrine of foreign equivalents, foreign words used as a mark are translated into English and then tested for ...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 2

“A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of ...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 1

A generic term is the common descriptive name of a class of goods or services and cannot be registered as a trademark be...